United States v. Burrell

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Submitted: February 12, 2010

Before LOKEN, Chief Judge,*fn1 GRUENDER and BENTON, Circuit Judges.

Larry Burrell pled guilty to conspiracy to possess with the intent to distribute cocaine base and powder cocaine, and the district court sentenced him to 168 months’ imprisonment. Three years later, Burrell requested a reduction in his sentence pursuant to 18 U.S.C. § 3582(c)(2). The court granted Burrell’s motion and reduced his sentence to 151 months’ imprisonment. On appeal, Burrell argues that the court erred by failing to reduce his sentence further within the amended guidelines range and by failing to explain its decision. For the following reasons, we vacate and remand.

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